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Following a review of the Planning Obligations SPD, the Council adopted a revised SPD in June 2016.
Planning obligations, commonly known as Section 106 agreements, can be used to make a development proposal acceptable in planning terms, which would not otherwise be acceptable. They are focused on site specific mitigation of the impact of development. S106 agreements are also referred to as 'developer contributions'.
The SPD sets out detailed guidance on the Council’s planning obligation requirements, assisting all those involved in the submission and determination of those planning applications, where planning obligations will be required in the Dudley Borough.
Planning Obligations are key to delivering affordable housing. The SPD therefore provides detail in relation to the provision of affordable housing through new development.
National policy provides an incentive for brownfield development on sites containing vacant buildings. Where a vacant building is brought back into any lawful use, or is demolished to be replaced by a new building, the developer should be offered a financial credit equivalent to the existing gross floorspace of relevant vacant buildings when the local planning authority calculates any affordable housing contribution which will be sought. Affordable housing contributions may be required for any increase in floorspace.
For further information on Vacant Building Credit, see Planning Practice Guidance